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Government-led committee rejects surveillance bill – politics live Government-led committee rejects surveillance bill – politics live
(32 minutes later)
It is now clear that the Minister’s office has interfered with the ABS Census process.20,000 questionnaires were pulped.They didn’t want to ask questions on Sexual Orientation.Did this come from the PM?#estimates
DFAT secretary Frances Adamson has just told estimates she is the Australian government’s point of contact for the Barr inquiry, as well as Joe Hockey. This has been a mystery up until this moment.
Officials from PMC declined to answer this question on Monday. Adamson also explains that Donald Trump called Scott Morrison ahead of the US visit to request a point of contact for the Barr inquiry because Hockey was away at the time.
Another mystery solved this morning.
Adamson says she’s had one meeting with William Barr, on September 21 (which is I think when we were in the US on the Trump visit, but will need to check).
Worth noting that Amanda Stoker is engaged in a Senate ticket battle with James McGrath at the moment – Matt Canavan has one of the two spots and unless he makes the jump to the house, either Stoker or McGrath will miss out. Even if Canavan does decide the grass, as well as the carpet, is greener on the other side (there are a couple of safe LNP central seats he could move to, if so inclined and the branch was onside) it is still a Nationals spot, so there would need to be more negotiations.
Either way, right now there is one Liberal LNP spot on the top of the ticket and Stoker and McGrath are fighting for it. Stoker has certainly stepped up her profile in recent months and shows no signs of slowing down. In the end, she only needs the LNP members to pay attention, and quite a few in central and north Queensland eat this up.
Amanda Stoker seems, in her own words "hung up" on DFAT preparing an incoming brief and some IT infrastructure for a potential Labor government, to a certain amount of forbearance from Frances Adamson #auspol
That really was a strange line of questioning, suggesting DFAT could be partial for preparing for all eventualities #auspol
Expect to hear this sort of thing a lot more often from the prime minister and others so inclined, during their introductions.
Scott Morrison last night:
Can I also acknowledge the Ngunnawal people tonight, their elders past and present, and future, can I acknowledge if there are any members of the Australian Defence Forces here tonight, any veterans who may be with us and simply say to you on behalf of a very grateful nation, thank you very very much for your service.
And our migration community over generations have made up those numbers certainly, those who’ve served in uniform to defend the very country that they’ve come to call home. And so particularly tonight, those members of our defence forces those who’ve served, as veterans, who’ve come from other places and called, not only this nation home. But then turned up to defend it as well in our uniform.
In the midst of the temporary exclusion order debate (where the government refused to accept all of the committee’s recommendations, a rare slip of bipartisanship with this committee), Peter Dutton had this to say about Mark Dreyfus on ABC radio on July 24:
He has watered down pieces of legislation to a point where they can become ineffective, and we’re not going to tolerate that any longer. We will accept the recommendations from the committee where they are in a national interest to do so.”
In parliament, the day before that AM interview, Dutton had said this:
We are going to work with the committee. We will look at the recommendations made by the committee in relation to the relevant legislation that they might explore, and we will ultimately decide, in our country’s interests, in an attempt to keep Australians safe, which of those recommendations we accept. Ultimately, the government has been elected on a mandate to provide legislation to this parliament to protect Australians from a very real threat.”
Given the government did not take on all of the committee’s recommendations then (something Labor had also done once while in government) there were fears that the PJCIS would be treated “just like any other committee” so the government response to this will be interesting.
A parliamentary report into the Identity-matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching Services) Bill 2019 has recommended both bills be strengthened to provide protections for Australian citizens.https://t.co/Dap0pQJkP3 pic.twitter.com/i379sbjqYCA parliamentary report into the Identity-matching Services Bill 2019 and the Australian Passports Amendment (Identity-matching Services) Bill 2019 has recommended both bills be strengthened to provide protections for Australian citizens.https://t.co/Dap0pQJkP3 pic.twitter.com/i379sbjqYC
Australian Bureau of Statistics chief David Kalisch has just given evidence that 20,000 census tests containing questions on gender and sexuality were printed but not used after input from the assistant treasurer, Michael Sukkar’s office.Australian Bureau of Statistics chief David Kalisch has just given evidence that 20,000 census tests containing questions on gender and sexuality were printed but not used after input from the assistant treasurer, Michael Sukkar’s office.
Under questioning from Labor, Kalisch acknowledged that the gender and sexuality questions were among eight that were shortlisted as possible inclusions in the 2021 census, but were not used in the census test conducted in Wagga Wagga and Logan in mid-October.Under questioning from Labor, Kalisch acknowledged that the gender and sexuality questions were among eight that were shortlisted as possible inclusions in the 2021 census, but were not used in the census test conducted in Wagga Wagga and Logan in mid-October.
Kalisch told Senate Estimates the ABS printed 40,000 forms for the test: 20,000 with the gender and sexuality questions (Form A); and 20,000 without (Form B). Only Form B was put into the field.Kalisch told Senate Estimates the ABS printed 40,000 forms for the test: 20,000 with the gender and sexuality questions (Form A); and 20,000 without (Form B). Only Form B was put into the field.
Asked if he had any communication with the prime minister, Sukkar or their offices, he replied – no contact with Scott Morrison or his office, no contact with Sukkar but:Asked if he had any communication with the prime minister, Sukkar or their offices, he replied – no contact with Scott Morrison or his office, no contact with Sukkar but:
I have had some conversations with the minister’s office about helping them understand the nature of the consideration around the decision.”I have had some conversations with the minister’s office about helping them understand the nature of the consideration around the decision.”
Asked if Sukkar’s office sought to influence which questions were used, he said, “They put a view to me but ultimately it was my decision.”Asked if Sukkar’s office sought to influence which questions were used, he said, “They put a view to me but ultimately it was my decision.”
Kalisch then tried to avoid questions about what view Sukkar’s staff had put to him, claiming “they did not provide any guidance about what should be on or off the [test] form”, before conceding “they did express a preference but ultimately it was my call”.Kalisch then tried to avoid questions about what view Sukkar’s staff had put to him, claiming “they did not provide any guidance about what should be on or off the [test] form”, before conceding “they did express a preference but ultimately it was my call”.
Asked if the preference was to exclude gender and sexuality questions, he replied:Asked if the preference was to exclude gender and sexuality questions, he replied:
They were contemplating what response they would make around census topics, and didn’t want the census test to pre-empt that decision.”They were contemplating what response they would make around census topics, and didn’t want the census test to pre-empt that decision.”
Joe Hockey leans in to the Barr inquiry without an official requestJoe Hockey leans in to the Barr inquiry without an official request
DFAT estimates is now onto the Barr inquiry (which is Donald Trump’s effort to discredit the Mueller inquiry). The evidence from officials is Joe Hockey, Australia’s ambassador to Washington, offered to participate in the Barr inquiry without the Americans asking.DFAT estimates is now onto the Barr inquiry (which is Donald Trump’s effort to discredit the Mueller inquiry). The evidence from officials is Joe Hockey, Australia’s ambassador to Washington, offered to participate in the Barr inquiry without the Americans asking.
The officials say it was Hockey’s advice to signal that cooperation (he did flag the idea with the foreign minister Marise Payne prior to sending his letter), and he met subsequently with William Barr, alone, to discuss the inquiry. Officials say there is a readout of that Hockey/Barr conversation, but they don’t intend to share it with the estimates committee.The officials say it was Hockey’s advice to signal that cooperation (he did flag the idea with the foreign minister Marise Payne prior to sending his letter), and he met subsequently with William Barr, alone, to discuss the inquiry. Officials say there is a readout of that Hockey/Barr conversation, but they don’t intend to share it with the estimates committee.
DFAT secretary Frances Adamson says Hockey reiterated Australia’s willingness to cooperate. She won’t answer whether Barr requested any detailed information from Australia.DFAT secretary Frances Adamson says Hockey reiterated Australia’s willingness to cooperate. She won’t answer whether Barr requested any detailed information from Australia.
If you’ve forgotten all this, Australia has agreed to participate in the Barr inquiry (even though it is clearly a partisan exercise) because our former high commissioner in London, Alexander Downer, reported the existence of possible Russian intelligence on Hillary Clinton after a meeting with a Trump aide, George Papadopolous when Trump was running for the presidency.If you’ve forgotten all this, Australia has agreed to participate in the Barr inquiry (even though it is clearly a partisan exercise) because our former high commissioner in London, Alexander Downer, reported the existence of possible Russian intelligence on Hillary Clinton after a meeting with a Trump aide, George Papadopolous when Trump was running for the presidency.
Trump rang Scott Morrison prior to his recent visit to Washington to establish who was the point of contact in Australia for the Barr investigation.Trump rang Scott Morrison prior to his recent visit to Washington to establish who was the point of contact in Australia for the Barr investigation.
Labor’s Senate leader Penny Wong has signalled there will be a lot of questions on this issue this morning.Labor’s Senate leader Penny Wong has signalled there will be a lot of questions on this issue this morning.
Kristina Keneally has responded to the intelligence and security decision not to recommend passing the ID matching bill:Kristina Keneally has responded to the intelligence and security decision not to recommend passing the ID matching bill:
Today the PJCIS tabled a report declining to recommend the passage of the current Identity Matching Services Bill – in any form.Today the PJCIS tabled a report declining to recommend the passage of the current Identity Matching Services Bill – in any form.
Instead, Labor and Liberal members of the committee are uniting to recommend that the Identity-matching Services Bill be completely re-drafted and referred back to the Intelligence and Security Committee for a further inquiry.Instead, Labor and Liberal members of the committee are uniting to recommend that the Identity-matching Services Bill be completely re-drafted and referred back to the Intelligence and Security Committee for a further inquiry.
The committee has concerns about privacy, transparency, reporting and oversight and does not consider that the bill in its current form can be amended, but rather that it should be completely re-drafted.The committee has concerns about privacy, transparency, reporting and oversight and does not consider that the bill in its current form can be amended, but rather that it should be completely re-drafted.
A distinct lack of politics there, as both parties (so far) embrace the bipartisan nature of the PJCIS, which is meant to be above politics. Given it involves Peter Dutton, let’s see how long that lasts.A distinct lack of politics there, as both parties (so far) embrace the bipartisan nature of the PJCIS, which is meant to be above politics. Given it involves Peter Dutton, let’s see how long that lasts.
The Greens are picking up on the Anne Davies and Christopher Knaus story involving doctored documents, and will be holding a press conference on it a little later today.The Greens are picking up on the Anne Davies and Christopher Knaus story involving doctored documents, and will be holding a press conference on it a little later today.
It seems to be the first time since 2002 that this committee, one of the most powerful in the parliament, has recommended a bill be re-drawn (that was about questioning and warrant powers in the wake of September 11) and then referred back.It seems to be the first time since 2002 that this committee, one of the most powerful in the parliament, has recommended a bill be re-drawn (that was about questioning and warrant powers in the wake of September 11) and then referred back.
Usually it just recommends changes to amend the bill, which the government of the day largely – temporary exclusion order aside (not all of those were adopted in full, which created a pretty big kerfuffle) but it is very, very rare for the committee to just say – start again.Usually it just recommends changes to amend the bill, which the government of the day largely – temporary exclusion order aside (not all of those were adopted in full, which created a pretty big kerfuffle) but it is very, very rare for the committee to just say – start again.
Mark Dreyfus:Mark Dreyfus:
Like my colleagues on the committee, I do not believe that the government is proposing to engage in or to facilitate the mass surveillance of Australians. But I do accept that, given the near complete absence of legislated safeguards in the Identity-Matching Services Bill 2019, those concerns cannot simply be ignored. If there is no intention for the proposed identity-matching services to be used to engage in mass surveillance activities, the government should not object to amending the bill to ensure that those services cannot, as a matter of law, be used in that manner.Like my colleagues on the committee, I do not believe that the government is proposing to engage in or to facilitate the mass surveillance of Australians. But I do accept that, given the near complete absence of legislated safeguards in the Identity-Matching Services Bill 2019, those concerns cannot simply be ignored. If there is no intention for the proposed identity-matching services to be used to engage in mass surveillance activities, the government should not object to amending the bill to ensure that those services cannot, as a matter of law, be used in that manner.
Concerns were also raised about the proposed one-to-many identity-matching service being used to identify people who are engaging in protest activity. This does concern me. It was only this month that the Minister for Home Affairs, the minister responsible for this very bill, called for mandatory prison sentences for people who engage in protest activity; called for the same people to have their welfare payments cancelled; and also called for them to be photographed and publicly shamed. As presently drafted, this bill would not prohibit authorities from using the proposed face-matching services to identify individuals in a crowd who are engaging in lawful protest activity. That would be concerning in the best of times; it is particularly concerning in the light of the authoritarian disposition of the Minister for Home Affairs.Concerns were also raised about the proposed one-to-many identity-matching service being used to identify people who are engaging in protest activity. This does concern me. It was only this month that the Minister for Home Affairs, the minister responsible for this very bill, called for mandatory prison sentences for people who engage in protest activity; called for the same people to have their welfare payments cancelled; and also called for them to be photographed and publicly shamed. As presently drafted, this bill would not prohibit authorities from using the proposed face-matching services to identify individuals in a crowd who are engaging in lawful protest activity. That would be concerning in the best of times; it is particularly concerning in the light of the authoritarian disposition of the Minister for Home Affairs.
A raft of other concerns was expressed about the Identity-Matching Services Bill, including in relation to this government’s abysmal record on cybersecurity.A raft of other concerns was expressed about the Identity-Matching Services Bill, including in relation to this government’s abysmal record on cybersecurity.
I do not propose to list all of the concerns here today, but I encourage everyone to read about them in the committee’s report.I do not propose to list all of the concerns here today, but I encourage everyone to read about them in the committee’s report.
I would like to thank my colleagues on the committee, Labor and Liberal, for their work on this important report. It should not escape anyone watching these proceedings today that, by agreeing to the set of recommendations contained in this report, the Liberal members of the committee have placed the national interest first. For that, I would like to pay tribute to Senators Stoker, Fawcett and Abetz, and the members for Canning, Berowra and Goldstein. I would like to pay particular tribute and extend my thanks to the chair of the Intelligence and Security Committee, the member for Canning. I also thank the committee secretariat for their excellent work, both in this parliament and in the last parliament, which underpins this report.I would like to thank my colleagues on the committee, Labor and Liberal, for their work on this important report. It should not escape anyone watching these proceedings today that, by agreeing to the set of recommendations contained in this report, the Liberal members of the committee have placed the national interest first. For that, I would like to pay tribute to Senators Stoker, Fawcett and Abetz, and the members for Canning, Berowra and Goldstein. I would like to pay particular tribute and extend my thanks to the chair of the Intelligence and Security Committee, the member for Canning. I also thank the committee secretariat for their excellent work, both in this parliament and in the last parliament, which underpins this report.
Andrew Hastie:Andrew Hastie:
The committee also simultaneously examined the Australian Passports Amendment (Identity-matching Services) Bill 2019. The passport bill proposes amendments to the Australian Passports Act 2005 which would authorise the Department of Foreign Affairs and Trade to disclose information in order to participate in identity-matching services and provides for computerised decision-making in confirming identity. This bill would also support the objectives of the IMS bill by making Australian travel document data available to identity-matching services by the interoperability hub.The committee also simultaneously examined the Australian Passports Amendment (Identity-matching Services) Bill 2019. The passport bill proposes amendments to the Australian Passports Act 2005 which would authorise the Department of Foreign Affairs and Trade to disclose information in order to participate in identity-matching services and provides for computerised decision-making in confirming identity. This bill would also support the objectives of the IMS bill by making Australian travel document data available to identity-matching services by the interoperability hub.
Again, submitters supported the broad objectives of this bill. Few objections were raised but there were some concerns regarding the use of automated decision-making, in particular where unfavourable outcomes were made for the subject. Most felt that an element of human decision-making should be kept and avenues for review of decisions should be implicitly incorporated into the bill. The committee agrees and recommends that the bill should be amended to ensure automated decision-making can only be used for decisions that produce favourable or neutral outcomes for the subject and that automated decisions should not ... affect outcomes.Again, submitters supported the broad objectives of this bill. Few objections were raised but there were some concerns regarding the use of automated decision-making, in particular where unfavourable outcomes were made for the subject. Most felt that an element of human decision-making should be kept and avenues for review of decisions should be implicitly incorporated into the bill. The committee agrees and recommends that the bill should be amended to ensure automated decision-making can only be used for decisions that produce favourable or neutral outcomes for the subject and that automated decisions should not ... affect outcomes.
The committee recognises redrafting of the identity-matching services bill 2019 may have consequential effects to the passports bill. Should this occur this, this report also recommends that the amended passports bill also be referred to the committee for further review. I want to reiterate the importance of the objectives of these bills and that these objectives have the committee’s full support. Wanting to ensure the safety and security of all Australians is something we have in common but we also need to protect citizens’ rights while doing so.The committee recognises redrafting of the identity-matching services bill 2019 may have consequential effects to the passports bill. Should this occur this, this report also recommends that the amended passports bill also be referred to the committee for further review. I want to reiterate the importance of the objectives of these bills and that these objectives have the committee’s full support. Wanting to ensure the safety and security of all Australians is something we have in common but we also need to protect citizens’ rights while doing so.
Basically, the bill, as drafted, would allow the government to follow you around as you went about your day.Basically, the bill, as drafted, would allow the government to follow you around as you went about your day.
It seems we have finally found a bipartisan line MPs don’t want crossed.It seems we have finally found a bipartisan line MPs don’t want crossed.
Mark Dreyfus, as the most senior Labor member on the committee, also commented on the bill:Mark Dreyfus, as the most senior Labor member on the committee, also commented on the bill:
The Intelligence and Security Committee of the Parliament is declining to recommend the passage of the identity matching services bill.The Intelligence and Security Committee of the Parliament is declining to recommend the passage of the identity matching services bill.
Instead, Labor and Liberal members of the committee are uniting to recommend that the identity matches services bill be completely redrafted and referred back to the Intelligence and Security Committee for further inquiry when it is reintroduced.Instead, Labor and Liberal members of the committee are uniting to recommend that the identity matches services bill be completely redrafted and referred back to the Intelligence and Security Committee for further inquiry when it is reintroduced.
In taking this step, I congratulate all members of the committee for putting the national interest first and sending a strong message about the value of this committee.In taking this step, I congratulate all members of the committee for putting the national interest first and sending a strong message about the value of this committee.
The identity matching services bill purports to facilitate the exchange of identity information pursuant to the objective of an intergovernmental agreement reached by Coag [in] October 2017.The identity matching services bill purports to facilitate the exchange of identity information pursuant to the objective of an intergovernmental agreement reached by Coag [in] October 2017.
But it includes none of the limitations or safeguards anticipated by that agreement.But it includes none of the limitations or safeguards anticipated by that agreement.
The bill includes almost no limitations or safeguards at all.The bill includes almost no limitations or safeguards at all.
As explained in the committee’s report, the identity matching services bill would authorise the Department of Home Affairs to create and maintain facilities for the sharing of facial images and other identity information between government agencies and in some cases, non government agencies entities.As explained in the committee’s report, the identity matching services bill would authorise the Department of Home Affairs to create and maintain facilities for the sharing of facial images and other identity information between government agencies and in some cases, non government agencies entities.
The bill would also authorised the Department of Home Affairs to develop and maintain to centralised facilities for the provision of what are called identity matching services.The bill would also authorised the Department of Home Affairs to develop and maintain to centralised facilities for the provision of what are called identity matching services.
The first of these two facilities would be called an interoperability hub.The first of these two facilities would be called an interoperability hub.
The Hub would act as a router through which government agencies across Australia could request and transmit information as part of an identity matching service.The Hub would act as a router through which government agencies across Australia could request and transmit information as part of an identity matching service.
The second would be a federated database of information contained in government identity documents. As discussed in the committee’s report, the potential implications of these two new facilities for the privacy of all Australians are profound.The second would be a federated database of information contained in government identity documents. As discussed in the committee’s report, the potential implications of these two new facilities for the privacy of all Australians are profound.
Those implications do not appear to have even been considered by the Minister for Home Affairs or by his department.Those implications do not appear to have even been considered by the Minister for Home Affairs or by his department.
While a bill provides for six different identity mentioned services, the service that elicited the most concerned from submitters to the committee’s inquiry is the face of identification service.While a bill provides for six different identity mentioned services, the service that elicited the most concerned from submitters to the committee’s inquiry is the face of identification service.
That service would enable authorities across Australia to use huge databases of facial images to determine the identity of an unknown person.That service would enable authorities across Australia to use huge databases of facial images to determine the identity of an unknown person.
Using that service, a law enforcement agency could submit a facial image for matching against a database of facial images contained in a in government identification documents, such as a database containing every driver licence photo in Australia.Using that service, a law enforcement agency could submit a facial image for matching against a database of facial images contained in a in government identification documents, such as a database containing every driver licence photo in Australia.
In return, the agency would receive a small number of matching or near matching facial images from the database.In return, the agency would receive a small number of matching or near matching facial images from the database.
The agency could then access biographical information associated with those images.The agency could then access biographical information associated with those images.
The potential for such a service to be used for mass or blanket surveillance, such as CCTV being used to identify Australians going about their business in real time was raised by numerous submitters to the inquiry.The potential for such a service to be used for mass or blanket surveillance, such as CCTV being used to identify Australians going about their business in real time was raised by numerous submitters to the inquiry.